Mag. Balazs Esztegar LL.M.
Attorney-at-law Vienna


Piaristengasse 41/10
1080 Vienna, Austria
Tel. +43 1 997 4102
Fax +43 1 997 4102-99
office@esztegar.at

Dual citizenship - Impossible or just a case of hardship?

Many people feel that it is no longer in keeping with the times that in most cases it is not possible to acquire or maintain a foreign nationality alongside Austrian citizenship. Although Austrian citizenship law has historically been characterised by the principle of individual nationality, it cannot be denied that this principle is by no means completely universal. Sometimes even the legislator has contributed to shaking up this principle a little. In issue 2/2024 of the magazine ‘Rot Weiß Rot’ (Red White Red) published by the World Federation of Austrian Abroad, lawyer Balazs Esztegar explains the cases of possible dual citizenship.

The fact that ‘Austria does not allow dual citizenship’ seems to be an absolute truth that is widely recognised by the public. However, it is not actually true: there are several possible constellations in which someone can have one (or sometimes even several) other nationalities in addition to Austrian citizenship. It is, of course, true that the acquisition of citizenship by conferral usually (but not in every case!) requires the renunciation of the previous citizenship. It is also true that in the case of the acquisition of a foreign nationality by an Austrian citizen, the ‘automatic’ loss of citizenship occurs. Apart from this, however, there are certainly cases in which someone can have other citizenships - even in addition to Austrian citizenship. 

The most relevant situation in practice is the descent of parents who have different nationalities. It should be noted that this does not mean that the child unconditionally and always acquires both nationalities by descent. However, this constellation can very often lead to multiple nationalities. The same applies if the child is born in a country that recognises the country of birth principle (‘ius soli’).

However, the situation is somewhat more complex for adults. We can, for example, name descendants of former citizens who fled during or immediately after the Second World War due to persecution or were even murdered by organs of the German Reich. This group of people can acquire Austrian citizenship in accordance with § 58c StbG without having to renounce their previous citizenship. 

For Austrians living abroad in particular, the authorisation to retain their citizenship is of course another possible way of acquiring another nationality. In practice, however, this is difficult to enforce and the authorities' behaviour is not always predictable.